Our services.
It can be easy for a business to end up on the wrong side of a workplace relations issue – making sure your business complies with workplace laws can be a minefield. With the complexities of ever-changing employment legislation, it makes sense to seek out an expert who can identify exactly what your business needs to protect its interests.
IR IN MOTION has a wealth of experience from dealing with a broad range of industries and can provide support and advice to your business on a wide range of employment matters, including:
Representation at the Fair Work Commission, including for Unfair Dismissal and General Protections claims and disputes
Conducting workplace investigations into matters such as alleged bullying or harassment
Enterprise agreements, including drafting, assistance with negotiations, terminations, and assistance with the lodgement and approval process
Performance management, disciplinary and termination advice
Workers Compensation advice and assistance, including seeking a review of an insurer’s decision on behalf of a business
Modern award compliance and wage information, including assistance with claims of underpayment of wages
Generalist HR services, including contracts and policy reviews, development and implementation
Union disputes, including right of entry matters
Tailored onsite training for employees and management.
Monthly onsite, remote support or on-demand support
For a fixed monthly fee, we can provide your business with employment advice, support and templates on an ongoing basis. We can work with you onsite or remotely. Alternatively, if your business is looking for on-demand support, we can meet your needs.
For more information and an obligation-free discussion about a support arrangement to suit your business, click here or speak with Robert directly on 0401 383 087.
Fair Work representation
Managing claims or other applications lodged with the Fair Work Commission can be a stressful and costly exercise for business. We are available to represent your business in the Fair Work Commission in a range of matters, including:
Unfair dismissal conciliations and arbitration hearings
General protections conciliations
Enterprise agreement approval, variation or termination proceedings
Mentions and/or directions conferences
Dispute resolution conciliations and arbitrations
Good faith bargaining conferences
Enterprise Agreements
We have 13 years of experience in strategic bargaining, achieving sensible and commercially beneficial outcomes for businesses across multiple industries. We work with you to understand the goals you are seeking to achieve by introducing an enterprise agreement into your organisation, and then help you develop strategies and negotiation plans to best position you to obtain those outcomes.
Our practical experience in bargaining will also level the playing field against union bargaining representatives and other advocates when navigating the complexities of the Fair Work Act and modern awards framework.
We also understand what issues might arise in the lodgement and approvals process of the Fair Work Commission, and help to draft unambiguous enterprise agreements, that are more likely to pass the better off overall test, as well as be straight forward and easy to interpret and for your employees to read and understand.
Workplace Investigations
It is critical that claims of harassment, bullying or other types of misconduct are investigated in an effective and impartial way when required. An investigation should always be undertaken by a suitably qualified and skilled person and if not conducted properly, may be unfair to the employee and may expose a business to further risk and liability.
We are experienced in conducting independent workplace investigations, understanding how to best manage the sensitive nature of many claims as well as the procedural rules and technical requirements of investigations. We ensure that investigations we carry out on behalf of a business are undertaken in an impartial, confidential, consistent, and fair manner. We’ll also offer alternatives to an investigation where appropriate, including mediation.
Modern Award Compliance, Underpayment of Wages Claims
We can assist with pay rate calculations to reduce the risk of underpayment, ensure fair treatment of your workforce and ensure your business is complying with the modern award. We provide assistance with all the complex considerations to be taken into account when determining the correct rates of pay, such as award coverage and employee classification levels.
We can assist with responding to underpayment claims received from current or past employees, unions or the Fair Work Ombudsman.
We’ve all read about cases of high-profile Australian businesses underpaying their staff in the media. This can lead to a disengaged workforce, and turn into a serious breach in workplace law, high penalties and significant reputational damage and costs to the business.
Modern award changes often increase the likelihood of accidental underpayments. Businesses of all sizes and across all sectors have been caught out – even those with well-informed and resourced HR teams who thought they had it covered.
Workers Compensation
We provide businesses with advice, representation and support, including responding to claims for workers compensation, assistance with developing rehabilitation and return to work plans. We also prepare applications to the Workers Compensation Regulator for a review of an insurer’s decision.
Performance management, disciplinary and termination advice
Managing underperformance comes with legal risks because Australian employment laws protect employees from unfair and unreasonable disciplinary action. Employees have legal rights that allow them to challenge the way they are treated in relation to performance issues. We can provide guidance on how a business can manage employees in a way that will minimise their legal risks as an employer.
We are also experienced in developing a legally effective performance management process for businesses, including putting relevant policies and procedures in place to minimise legal risk when managing
underperforming employees.
We can also provide support and advice in relation to termination of employment, including support and advice regarding disciplinary meetings that may result in termination of employment.
Change management and redundancy
We have the knowledge and expertise to assist businesses to manage redundancies strategically and proactively to protect both the business and staff morale. Employment laws relating to redundancies are primarily designed to protect employees from the economic and social cost of losing their job for circumstances in which the termination of their employment is no fault of their own.
We can assist businesses with how to manage redundancies in a way that is consistent with all relevant employment laws, while also lessening the adverse impact on the business.
Employment Contracts and Workplace Policies
Drafting and reviewing your employment contracts, policies, and procedures to ensure your business is following best practice documentation is our specialty. We review existing contracts or can create a new set of customised contracts for your business, from apprentices all the way up to senior management and executives. This includes assistance with all the complex considerations for a written contract such as:
The relevant Modern Awards which cover your workforce,
Arrangement of working hours and pay structures,
Set off clauses for salaried employees or all-inclusive hourly rates,
Recommended modes of employment (e.g. full-time, part-time, casual, daily hire),
Assistance with temporary contracts for fixed-term or project-based work,
Licence requirements (e.g. driver’s licence, working with children’s check),
Provisions for leave entitlements under the National Employment Standards,
Protections for confidential information,
Protections for intellectual property, and
Restraint of trade and non-solicitation clauses
As businesses grow, it is easy to forget that a well-drafted set of customised policies and procedures can be important to help ensure fair treatment of employees, contractors and customers, mitigate legal risks as well as help manage employee performance and misconduct. We regularly assist businesses to prepare and implement workplace policies covering a wide range of employment matters.
Onsite Training
We can deliver structured onsite employee training to businesses. Contact contact Robert on 0401 383 087 for more information regarding your business’ training needs and options available for delivery to your staff.